Yetray Terms of Service
Valid as of Dec 20th 2018
1. Object and Validity
- The company
Shikhar Educational and Cultural Development Society, Hanumant Nagar, Dharwad
Authorized directors: Ashutosh Pratap , Shakuntala Pratap
E-Mail address: firstname.lastname@example.org
Registered in the Societies Registration Act , India
(hereinafter referred to as “Yetray”) operates a platform for mobile reading (hereinafter referred to as “Platform”) on the Internet portals http://www.Yetray.com, http://www.Yetray.de and other websites, as well as on mobile applications (a.k.a. Apps). In this context, Yetray’s authors transform the key insights of non-fiction books and other content for you into a concise format. This gives you the option to grasp the key insights from a non-fiction book or other content on your computer or mobile device, in the shortest possible time.
- The use of the platform (including the apps) shall be subject to the following General Terms and Conditions (“General Terms and Conditions”) in the version valid at the time of registration or order. Yetray does not acknowledge any different general terms and conditions belonging to you unless Yetray agrees to their validity in writing.
- No separate contract text is provided for the Agreement pertaining to the use of the platform. The content of the agreement between you and Yetray is based on these General Terms and Conditions, as well as on the specific information provided as part of the registration (see Section 3) and by signing up for a paid subscription (Section 4), that will be saved by Yetray and that is available in your user account at any time.
- You accept the validity and applicability of these General Terms and Conditions by registering and/or purchasing a paid subscription, as the case may be.
2. Yetray’s Services and Rights
- Yetray provides the key insights from non-fiction books, articles and other content (for e.g., the “books-in-blinks” or “articles-in-blinks”, known together as ”Platform content”), which allow you to grasp their essence within a few minutes. Moreover, Yetray may provide a personal profile to you, which you can fill with your preferred platform content and text markers as well as sorting this content into different categories and lists.
- The extent of the material of the platform content and the options to use (the “License”) depend on the type of account you selected. There is a difference between a free account (see Section 3), a paid subscription (see Section 4) and a free trial (see Section 5). In terms of duration, the license is limited to the validity period of the free account / paid subscription / free trial.
- The rights to Yetray’s service and the content distributed through the service are and will remain with Yetray and /or Yetray’s licensors. The Yetray software applications and content are licensed to you under the terms of the user agreement. We only grant you a non-exclusive (simple), time-limited right to personal use of the Yetray service and its contents.
- All Yetray trademarks as well as our trade names, logos, domain names and other distinctive features of the Yetray trademark are the sole property of Yetray. The license does not give you any right to use the Yetray trademarks, our trade names, logos, domain names or any other distinctive features of the Yetray trademark, be it for commercial or non-commercial purposes.
- If you do not use a paid service, Yetray is allowed to show you promotional information on the platform.
3. Registering with Yetray
- In order to be able to user Yetray’s services, a registration with Yetray is required. Individuals over the age of 18 have the right to register. As a minor, you may only register with Yetray if you are at least 14 years old and your legal representatives have provided their consent. We have the right to make the use of Yetray services contingent on proper proof of your identity, your legal age, or your legal representative’s consent.
- The registration itself is free of charge (free account) and does not make you sign up for a paid subscription. By registering, you are executing an agreement with Yetray for a limited, free use of the platform.
- You can use your e-mail address as well as a password of your choice to register. Alternatively, you may register using a single sign-on service (for example, Facebook login). You can register via our website or after downloading our iOS, Android or Kindle Fire apps.
- Any information required for registration must be complete and correct and always up-to-date. Yetray has the right to save and process the data you provided during registration, in accordance with the provisions on Data Protection.
- The password used must be kept confidential. Keeping it a secret is solely and fully your responsibility. The Yetray user account may only be used by you. Any unauthorized use of your user account, as well as any such suspicion to that effect should be communicated to Yetray immediately.
4. Executing an Agreement for a Paid Subscription
- To be able to fully benefit from Yetray’s services, additional service packages in the form of paid subscriptions (“Subscription access”) will be made available to you after registering. These can be purchased for different, and variable periods of time, which you will see in the order options.
subscriptions are ad-free, paid subscriptions that allow you to access
additional content and features through our mobile and web-based applications.
We currently offer the following subscription / service package:
- The Yetray Premium service package includes ad-free access to all of our content in both, text and audio. In addition, it gives you the right to use our premium features Send-to-Kindleand Evernote-Sync.
You will have access to the respective services as long as your subscription is valid.
- You submit a legally binding offer for a fee-based subscription, if you enter the information requested in the online order form and then click on the “Order with obligation to pay” button. By doing so, you submit a legally binding offer for an agreement for a paid subscription. Before submitting your order, you may change and view the data at any time.
- The agreement is accepted when Yetray issues a notice of acceptance, which will be sent to you immediately by email (receipt and order confirmation). In this email, the text of the agreement (consisting of the order, terms and conditions and order confirmation) will be sent to you by Yetray on a permanent data carrier (email) (agreement confirmation). Your subscription begins on this date. The text of the agreement is saved subject to data protection. Please read our Privacy Statement for information on the collection, use and processing of your data.
- You can also sign up for a paid subscription through an in-app purchase through our iOS or Android apps via an app store operator. In order to do this, you must select the desired option on the subscription screen within the app, and a pop-up will appear where you have to enter your iTunes or Google Play password. As soon as you finish, a pop-up will appear in which you have to confirm the purchase of the subscription again. At this point you can still cancel the process.
5. Trials/ Testing Phases
- Yetray occasionally offers new users in particular, free subscription access for testing purposes for a certain period of time ( “Trial”). Yetray determines, at its sole discretion, if you may participate in a trial. Yetray may discontinue or change such free trial at any time without prior notice or notification, upon providing an important reason.
- You can only participate in certain trials if you enter your payment details when you sign up for the trial. In these cases, we need your consent at the beginning of the trial for the fact that your free access will switch to a paid subscription access (Section 4) after the trial ends, on the day following the end of the trial. In this situation, your subscription renews itself on a recurring basis and can be terminated up to one day before the end of the respective subscription period (Section 8 (2)).
- If, in a situation similar to the description in Section 5 (2), you do not wish to have the subscription access and the charge associated with it, you must cancel your subscription access given to you during the trial (for example, by simply going to your Yetray Account Settings or respective app store settings) before the end of the trial.
- For subscriptions made on our website (Section 4) and with a term of at least one year, we provide a 14-day money back guarantee. For subscriptions completed as in-app purchases (Section 4 (7)), we cannot control the refunds and therefore cannot guarantee a refund within 14 days.
6. Cancellation Policy
- If you are a consumer (i.e., a person completing the legal transaction for purposes that can be predominantly attributed to neither their commercial nor their independent professional activity), you are entitled to a legal withdrawal right when executing a distance selling agreement, so in this case when signing an agreement for a fee-based subscription with Yetray, about which Yetray informs below, as per the requirement of the statutory model. Please note that in the case of an in-app purchase, you have the right to withdraw from the respective operator of the app store, i.e., Apple or Google. A model withdrawal form can be found in Section 6 (2).
– BEGIN CANCELLATION POLICY –
You have the right to withdraw from this agreement within fourteen days without providing any reasons. The withdrawal period is fourteen days from the date the agreement was executed.
To exercise your right of withdrawal, you must notify us at
by submitting a clear explanation (e.g., in a mailed letter, fax or e-mail) regarding your decision to cancel this agreement. You can use the attached model withdrawal form, which, however, is not required.
In order to maintain the cancellation period, all you have to do is send the notification of the right the withdrawal before the expiration of the withdrawal period.
If you cancel this Agreement, we must refund all payments we received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method other than the low-priced standard delivery we offer) immediately and at the latest within fourteen days from the date when we received the notification of your cancellation of this Agreement. For this refund we use the same payment method that you used in the original transaction, unless expressly agreed otherwise with you; you will not be charged any fees associated with this refund.
If you requested that the services start during the cancellation period, you must pay us a reasonable amount equal to the proportion of services already provided to you at the time you inform us that you are exercising your right to withdraw with respect to this Agreement, proportional to the total volume of services provided for in the agreement.
– END CANCELLATION POLICY –
- According to the legal provision, Yetray states the following about the sample cancellation form:
Sample Cancellation Form
(Please fill out the following form and send it back if you wish to cancel the Agreement.) to a@Yetray.com
– I hereby revoke the Agreement executed by me
relating to the purchase of the following products (*)/the following service
– Ordered on (*)/received on (*)
– Consumer name(s)
– Consumer address
– Consumer signature (only if notification is on paper)
(*) Cross out if it does not apply.
7. Reimbursement and Payment Methods, Compensation and Retention Rights
- The subscription for access (Section 4) is subject to a fee and must be paid at the beginning of the subscription. As payment methods, Yetray offers credit card, Paypal and additional payment methods, if available, specified before beginning of the order process.
- If accessing by using a code, payment will be made by the payment method specified by you prior to the purchase of the code, such as Paypal or bank transfer.
- When purchasing a subscription with the Yetray iOS or Android apps, payment is made by Apple’s or Google’s in-app purchase process.
- As part of your subscription, your payment obligation to Yetray will be automatically renewed at the end of the relevant subscription term if you do not cancel your paid subscription at least 24 hours before the end of your term (Section 8 (2)).
- You are not entitled to any claims against Yetray, unless your counterclaims are legally valid or undisputed. You are also entitled to offset against the claims of Yetray, if you make complaints or counterclaims based on the same agreement.
- You may only exercise your right of retention if your counterclaim results from the same agreement.
8. Term and Cancellation
paid subscription access (see Section 4) will run for at least the term you
originally selected and will automatically renew if it is not canceled within
24 hours of the end of that period. The subscription term will be extended
according to the subscription model used so far. You can cancel as instructed
- You can cancel paid subscriptions completed via our web app in the “Settings” menu item of the web app. To do this, you must log in, open the settings in the context menu and click on “Cancel subscription”.
- A paid subscription completed in our iOS or Android apps can be cancelled in your iTunes or Google Play settings.
- The subscription access cancellation takes effect on the day following the last day of your current subscription period and you will be downgraded to the free subscription agreement (free account). However, once you renew a subscription again, you will be able to access your old status and reading lists. If you wish to delete your entire account, you can do so from the settings in our web apps (see Section 8 (3)). All data will be deleted irrevocably.
- The right to blocking and cancellation for an important reason due to a good cause remains unaffected by the preceding provisions.
9. Gift Certificates and Special Offers
- If you have purchased a Yetray gift certificate that will allow you to use Premium Access for the period mentioned in your email, card or paper receipt, you will also have the right to use the Yetray platform during the respective period of time.
- To redeem the gift certificate, you must register with Yetray first (see Section 3) and then activate the code indicated on the gift certificate on a dedicated page (currently: http://www.Yetray.com/friends).
- Gift certificates and other codes cannot be redeemed for cash and cannot be reimbursed, exchanged or used to purchase other codes.
- Please note that in addition to these General Terms and Conditions, if you use a certificate or any other special offer, any additional conditions that may apply in connection with the gift certificate or offer (especially the validity period) also apply.
- Once the respective period expires, the subscription access ends automatically and you will be downgraded to the free account accordingly. If you want to continue to use the subscription access, you can sign up for a new subscription (Section 4) at any time. If you wish to delete your entire account, you can do so from the settings in our web apps (see Section 8 (3)). All data will be deleted irrevocably.
- Yetray disqualifies any claims for damages coming from you. This does not apply to claims for damages arising from fatal injuries, physical injuries, health damage or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Yetray, its legal representatives or affiliates. Essential contractual obligations are those the fulfillment of which enables the proper execution of the Agreement in the first place and on the fulfillment of which you can trust.
- In the event of a breach of essential contractual obligations, Yetray shall only be liable for the typical, foreseeable damages stipulated in a contract, if they were simply caused by negligence, unless it also involves claims for damages due to fatal injuries, physical injuries or damages to health.
- The restrictions mentioned in Section 10 (1) and 10 (2) also apply to breaches of duty by Yetray’s affiliates and legal representatives, if claims are made directly against them.
11. Change of Terms and Conditions
- Yetray reserves the right to make changes to individual clauses of the General Terms and Conditions with effect in the future, by taking into account Yetray’s interests and provided it is reasonable for you. If no explicit consent is obtained from you to adapt the General Terms and Conditions, you will be notified by Yetray of any changes to the terms and conditions in a timely manner (at least four weeks before the amended General Terms and Conditions enter into force). To this end, Yetray will send you the new version of the General Terms and Conditions to the e-mail address specified by you in the registration. In this context, Yetray will expressly point out to you the possibility and deadline for objections to the change, as well as the consequences, should you refuse to submit an objection.
- If you do not object to the change within six weeks after the effective date of the amended General Terms and Conditions, the amended GTC shall be deemed accepted. The deadline starts on the date you are notified by email as being the effective date of the change.
12. Out-of-Court Dispute Resolution
- For the out-of-court resolution of consumer disputes, Yetray points out that Yetray is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
13. Final ProvisionsIf any provision of these General Terms and Conditions is invalid, the remainder of the agreement remains valid. The statutory provisions shall take effect over the invalid regulations.
The law of the India shall apply, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The legal provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer normally resides as a consumer, remain hereof unaffected.
If no exclusive legal court of jurisdiction is given, all disputes arising out of or in connection with the contractual relationship shall be settled exclusively by the court at Yetray’s registered office, thus Dharwad, provided that you are a merchant, a legal entity under public law or a special fund under public law or have no general court of jurisdiction in India subject to the validity of these General Terms and Condition